\ What is the process for filing for Chapter 7 bankruptcy? | Law Office of Gordon Mosley

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What is the process for filing for Chapter 7 bankruptcy?

Under Texas law, Federal Rules of Bankruptcy Procedure often quoted as the bankruptcy rules govern the statutory requirements in filing for bankruptcy procedures. Dedicated courts are made in the state in order to cater to such bankruptcy proceedings.

The judge in bankruptcy court has the discretion and autonomy to take all decisions regarding a bankruptcy proceeding under the law. Eligibility criteria as well as substantial pleadings stating the various aspects of the case are decided by the administrative judge in the dedicated bankruptcy court. Under Chapter 7 bankruptcy proceedings, Texas law allows a representative of the individual to plead the person's case. Many find it beneficial to contact professional legal help to traverse the complicated legal system in such cases.

The debtor in Chapter 7 bankruptcy proceedings is usually represented by a lawyer. A lawyer's physical presence is not required in the court of law. In most cases, the debtor does not appear in the bankruptcy court until and unless the opposition raises an objection towards the lawyer's absence.

Chapter 7 of the bankruptcy code deals with the liquidation of the debtors assets in order to repay the debtor's loans. Under this law, the court may order a trustee to take over the debtor's assets. Such assets taken over by the court is then auctioned off and liquidated in order to repay the creditors who have initiated the bankruptcy procedure.

In some cases, the court may even find some properties to be exempted by the law under Chapter 7. In other instances, the debtor may have assets which can be liquidated to repay the creditors. In such cases, the court may even discharge the debtor from any personal liability due to lack of realizable funds.

Source: USCourts.gov, "Process," Accessed on Jan. 08, 2015

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